Ask a lawyer:
difference between advocate and lawyer

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Introduction

In the context of the Kenyan legal system, the terms "advocate" and "lawyer" are often used interchangeably, but they have distinct meanings and roles. Understanding the difference between these two terms is crucial for anyone navigating the legal landscape in Kenya. This explanation will delve into the definitions, qualifications, roles, and responsibilities of both advocates and lawyers, as outlined in various Kenyan legal documents.

Definitions
- 1.1 Lawyer
- 1.2 Advocate
Qualifications and Admission
- 2.1 Qualifications for Lawyers
- 2.2 Qualifications for Advocates
Roles and Responsibilities
- 3.1 Roles of Lawyers
- 3.2 Roles of Advocates
Regulatory Bodies
- 4.1 Law Society of Kenya (LSK)
- 4.2 Advocates Complaints Commission
Legal Privileges and Limitations
- 5.1 Privileges of Lawyers
- 5.2 Privileges of Advocates
Conclusion

1. Definitions

1.1 Lawyer

A lawyer is a general term that refers to anyone who has a legal education and is qualified to offer legal advice. In Kenya, a lawyer is someone who has completed a law degree (LL.B) and may or may not have been admitted to the bar.

Source: Legal Education Act, 2012

1.2 Advocate

An advocate, on the other hand, is a lawyer who has been admitted to the bar and is authorized to represent clients in court. In Kenya, the term "advocate" is specifically defined under the Advocates Act.

Source: Advocates Act, Cap 16, Section 2

2. Qualifications and Admission

2.1 Qualifications for Lawyers

To become a lawyer in Kenya, one must:

Obtain a Bachelor of Laws (LL.B) degree from a recognized university.
Complete the Kenya School of Law (KSL) program, which includes a Postgraduate Diploma in Law.
Pass the bar examination administered by the Council of Legal Education (CLE).
Source: Legal Education Act, 2012

2.2 Qualifications for Advocates

To become an advocate, additional steps are required:

Fulfill all the qualifications to become a lawyer.
Undergo a period of pupillage (internship) under a practicing advocate.
Be admitted to the bar by the Chief Justice of Kenya.
Obtain a practicing certificate from the Law Society of Kenya (LSK).
Source: Advocates Act, Cap 16, Sections 12-15

3. Roles and Responsibilities

3.1 Roles of Lawyers

Lawyers in Kenya can:

Offer legal advice and consultancy.
Draft legal documents such as contracts, wills, and deeds.
Conduct legal research.
Work in various capacities such as legal officers, corporate lawyers, or in academia.
Source: Legal Education Act, 2012

3.2 Roles of Advocates

Advocates have additional responsibilities, including:

Representing clients in court.
Filing and defending lawsuits.
Acting as commissioners for oaths and notaries public.
Offering pro bono services as mandated by the Law Society of Kenya.
Source: Advocates Act, Cap 16, Sections 24-26

4. Regulatory Bodies

4.1 Law Society of Kenya (LSK)

The LSK is the professional body that regulates the conduct of advocates in Kenya. It ensures that advocates adhere to the professional code of conduct and ethics.

Source: Law Society of Kenya Act, 2014

4.2 Advocates Complaints Commission

This is a statutory body that handles complaints against advocates. It ensures that advocates maintain high standards of professional conduct.

Source: Advocates Act, Cap 16, Section 53

5. Legal Privileges and Limitations

5.1 Privileges of Lawyers

Can offer legal advice and draft legal documents.
Can work in various legal capacities but cannot represent clients in court unless they are also advocates.
Source: Legal Education Act, 2012

5.2 Privileges of Advocates

Can represent clients in all levels of court.
Can act as commissioners for oaths and notaries public.
Have the right to audience in court, which is not available to non-advocate lawyers.
Source: Advocates Act, Cap 16, Sections 24-26

Conclusion

In summary, while all advocates are lawyers, not all lawyers are advocates. The primary distinction lies in the additional qualifications and responsibilities that advocates have, particularly their ability to represent clients in court. Understanding these differences is essential for anyone seeking legal services in Kenya, as it helps in identifying the right professional for specific legal needs.